Terms and Conditions of SL Treks Limited
For the purposes of these Terms and Conditions the entities of SL Treks Limited, “Simon Leadsom”, “our” and “SL Treks” are one and the same. The entities of “participant” and “you” are also one and the same.
General
SL Treks provides a full management service in the facilitation of each of its trips. SL Treks organises all trips and Simon Leadsom takes part personally in some. This involves, but is not limited to the:
arranging, contracting and paying for 3rd party providers including the following:
· local guides, (porters and cooks also if the trip is to Africa and Nepal)
· in country transport (including internal flights and jeep hire)
· specialist equipment (eg via ferrata harnesses)
· accommodation
· food (where specified)
management of the trek on the ground including:
· smooth day to day running of the trip
· liaising between clients and the local providers
· issue resolution (including CASEVAC)
briefing and preparation of all participants in terms of what clothing and personal equipment they need to bring, how fit they should aim to be, the local conditions to be expected and suggested prior reading material.
screening of third party providers. Where possible this includes the review of references and the checking of the authenticity of qualifications (eg guide licenses, mountaineering qualifications)
SL Treks makes all the arrangements on a best endeavours basis seeking to ensure the trip is safe and that the administrative arrangements are of a good, workable standard.
SL Treks strives to ensure good value for its clients, negotiating discounts with hoteliers and restaurant owners. Nonetheless the business relies on building long term relationships with our suppliers and we endeavour always to operate in an ethical way, mindful of protecting the environment and the livelihoods of those individuals, working in the outdoor industry, that support our trips. Although there are controls in Europe to protect the labour force (eg minimum working wage) this is not the case in countries like Tanzania, Kenya and Nepal. Consequently, we aim to secure a fair price for the services needed, knowing that, whilst a better price may be achievable, the effect would most likely be felt, not on the contracting organisation but by the porters and guides that they employ.
We do not purchase International flights. We will however advise participants on the most appropriate flight for them to buy and the timing of when they should be purchased. Flights should not be purchased before we tell you and also not before you have travel insurance in place.
Pricing
We operate a transparent pricing policy for our trips. We provide a full breakdown of the expenses, detailing what is included in the price and what is not. In addition, we include a daily charge for our services (if we include one of our representatives on the trip) and an SL Treks margin to cover administrative costs such as public liability and professional indemnity insurance. Our trips are priced based on an anticipated number of participants taking part.
We reserve the right to make changes to the quoted prices at any time before the trip departs or whilst on the trek. It is unusual for the price to change but it could happen in the event of a 3rd party increasing their costs (for instance transport and accommodation) or due to a change in the exchange rates. We will advise clients of any changes in writing at the earliest opportunity.
Securing a place on an SL Treks trip
Pre-Go stage (normally about 4-5 months before the trip goes ahead). Once we have sufficient persons expressing an interest in coming on a trip and before we incur any expenditure on a trip (ie making down payments for accommodation and guides) we issue an invoice for a refundable deposit of £300 from each participant. This secures their intent and provides them with a formal acknowledgement that they have a provisional place on the trip. Once the deposit is received a contract is then deemed to exist between us. If we have not secured sufficient deposits (normally no closer than 10 weeks prior to the trip) for a trip to go ahead one of 2 things will happen:
We will refund the deposit to each person and the trip will not go ahead
Or
We will seek agreement from each interested person that they are happy to pay a revised amount and the trip will proceed with a reduced number of participants
Go stage (normally about 3-4 months of the trip going ahead). We will inform all participants that the trip will be going ahead and that:
they must immediately take out travel insurance (which must include evacuation and a refund of costs if the trip is cancelled).
they should purchase their flights.
And at this point the deposits become non-refundable and SL Treks will begin financial expenditure to secure the services required to support the trip (in the main this will be accommodation, transport, guides and other supporting personnel as required).
Balancing Payment. 6 - 8 weeks prior to the start of the trip weI will invoice participants for the balancing payment (payable within 2 weeks).
Failure to pay within the timeframe. If SL Treks does not receive the full balancing payment within 2 weeks we have the right, if we cannot reach a satisfactory agreement with the participant, to cancel the participant’s booking and retain their deposit.
You may transfer your place to someone else (introduced by you) if you are prevented from travelling, providing we am notified not less than 2 weeks before departure and subject to the ability of changing certain bookings made in your name. All costs and charges incurred by SL Treks and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer can be made. Any overdue balance payment must also be received.
Cancellation of the trip by SL Treks after the Go Stage. This may only happen due to situations beyond our control, eg a natural event such as an earthquake, terrorism, the Foreign and Commonwealth Office warning that a country should not be visited or Simon Leadsom (or his representative) being unable to attend the trip*. In these circumstances SL Treks is likely to cancel the trip. Should this be the case you will be refunded the element of your payment that has not yet been committed to 3rd parties and the remainder of your loss should be recovered by your travel insurance. Please note that cancellation could occur during the trek itself.
*in the event of Simon Leadsom (or his representative) being becoming incapacitated and unable to take part in the trip, where possible, we will discuss the situation with participants to see whether the trip can still go ahead without Simon Leadsom’s (or his representative’s) involvement (using the arrangements and guides that we have put in place) before cancelling the trip.
Passport, visa and other document requirements
We will inform all participants of the passport and visa requirements for each trip. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you are 16 or over and haven't yet got a passport, you should apply for one at least 6 weeks before departure. The UK Passport Service has to confirm your identity before issuing your first passport and may ask you to attend an interview in order to do this. If you are not a British citizen or hold a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
You must ensure you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. SL Treks cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Health requirements. It is the participant’s responsibility to speak to their doctor to ensure they are up to date with and aware of all recommended vaccinations and health precautions pertaining to the trip. Details are also available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. For trips in the EU / EEA participants should also obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk although this is not a substitute for travel insurance. Health requirements and recommendations may change and you must check the up to date position in good time before departure.
Travel insurance: It is essential, and a condition of our contract, that you have adequate and appropriate cover for your trip including any adventurous activities such as trekking at altitude or via ferrata that you will be undertaking. It is important to have adequate insurance which will cover cancellation costs from the date of booking as well as medical expenses (including evacuation and repatriation). If you travel against FCO advice, the validity of your insurance policy may be affected. Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. It is also a requirement of the contract between us.
Health: Except as disclosed in your medical questionnaire, you are required to confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the trip, and unaware of any reason why you may be unsuited to taking part or may be likely to suffer illness or injury during the trip, taking into account its challenges and purposes. If you are unable to give this confirmation for any reason or have any medical condition or disability which may affect your trip, you must contact us before you submit your application form so that we can assist you in considering the suitability of the trip for you.
Complaints. In the event that you have any reason to complain or experience any problems with your trip whilst away, please immediately inform us. Most problems can be dealt with quickly. In the unlikely event you have a complaint which we cannot amicably resolve please put the complaint in writing and we will take the matter up with our Public Liability and Professional Indemnity insurer. Full details are available on request.
Our Liability to you. We undertake to make sure that the trip arrangements we have agreed to make, perform or provide for you are done so with reasonable skill and care.
SL Treks will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
your act(s) and/or omission(s); or
the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable; or
‘force majeure’
SL Treks cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services which any supplier agrees to provide or arrange for you where we have not agreed to provide or arrange these services as part of our contract. For instance, if you were to decide to add an extra day to your trip and take a safari. Such additional services will include any activities which do not form part of your contracted trip arrangements which a supplier agrees to provide or arrange for you while you are away.
The undertakings SL Treks make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable participant to refuse to take the trip in question.
You must ensure you have appropriate travel insurance to protect your personal belongings. You are responsible for looking after your own equipment and belongings. SL Treks will not be responsible for any loss, no matter how it has occurred (for instance if a porter was to drop your clothing and equipment bag, never to be seen again).
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have reasonably foreseen you would suffer or incur. Additionally, we cannot accept liability for any business losses including self-employed loss of earnings.
Delays, behaviour, damage and complaints. SL Treks is not in a position to offer you any assistance in the event of delay on your outward or homeward point of departure. Depending on the circumstances, if you are flying with an EU carrier, the airline may be required to pay you compensation and/or refund the cost of your flight and/or provide you with accommodation and/or refreshments in the event of a significant delay or cancellation. However, we have no liability to make any such payments to you and you must pursue the airline or other transport operator concerned for any payment which may be due. Please remember that it is your responsibility to ensure you arrive at the departure location for your chosen tour, all costs associated with this are therefore your sole responsibility. Should your flight be delayed and you arrive late for the start of the trek we will discuss the best way of you joining the trip. This may or may not incur you additional transportation expense depending on the circumstances. Whilst we will help resolve the situation SL Treks is not liable for the expense. On occasions, particularly in Nepal where the trek is remote, there may be occasions where the trek is delayed due to the weather conditions (heavy snow for instance). This could involve missing your flight. Whilst we will make every effort to mitigate the consequences of such an event we cannot be held responsible or liable for any additional expenses that may be incurred (for instance the purchase of new plane tickets). It is the responsibility of the participant to ensure that their travel insurance covers such eventuality. They might also consider buying their flights on a flexible basis so that the date of return could be changed without additional expense.
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and www.fco.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
Conditions of suppliers: Suppliers, including transport operators, provide their services in accordance with their own terms and conditions. These terms may limit or exclude their liability to you in the event of death, personal injury, delay or loss / damage of personal possessions.
While the trip is in progress, all decisions are made by SL Treks and you must act in accordance with all reasonable instructions you are given. We may withdraw you from the trip at any time if we are of the reasonable opinion that your continued presence is prejudicing or is likely to prejudice the good order, discipline, safety or successful operation of the trip or the safety or wellbeing of any individual participant(s) or other third party or if you break any law or regulation of any country where the trip takes place. This may include safeguarding yourself, particularly in the event of Altitude Sickness.
SL Treks expects all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any of the individuals we have contracted to help support the trip or to any third party or damage to property, we are entitled, without prior notice, to terminate your trip.
You accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the owner, manager or other supplier or to SL Treks as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against SL Treks and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Contract law and financial security. Both the participant and SL Treks agree that English law (and no other) will apply to this contract and to any dispute, claim or other matter of any description which arises between us ("claim") except as set out below. We both also agree that any claim (whether or not involving personal injury) which arises between us must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
Your Financial Protection. SL Treks is currently not part of an organisation that provides financial protection for its participants incurring a loss in the event of the trip being cancelled before or during. Consequently, the taking out of travel insurance, sufficient to cover these circumstances, is a stipulated mandatory requirement of these Terms and Conditions.
SL Treks activities - Trek exertion levels
Some SL Trek trips expect the client to start the trip at a certain level of fitness. Whilst experience has shown that expedition members will generally feel stronger and fitter as the expedition progresses it is important that the client takes responsibility for attaining the recommended level of fitness below:
Simple - feels like you can maintain your walking pace for hours. Comfortable breathing and conversation.
Able to walk for 2-4 hours a day, for 3 days continuously, carrying a pack weighing 5kg, in hilly conditions, ascending at 500 meters each day.
Moderate - feels like you can maintain your walking pace for many hours. Comfortable breathing and conversation.
Able to walk for 4-6 hours a day, for 3 days continuously, carrying a pack weighing 5kg, in hilly conditions, ascending at 500 meters each day. Capable of pushing 10 continuous push ups and 10 continuous sit ups.
Challenging - breathing heavy. Conversation very broken. Sweat very noticeable.
Able to walk for 5-7 hours, for 4 days continuously, carrying a pack weighing 10kg, in hilly conditions, ascending at 500 meters each day. Capable of pushing 15 continuous push ups and 15 continuous sit ups.
Tough - short of breath. Speaking difficult. Difficult to maintain intensity of pace. Sweating heavily.
Able to walk for 6-8 hours, for 5 days continuously, carrying a pack weighing 15kg, in hilly conditions, ascending at 1000 meters each day. Capable of pushing 25 continuous push ups and 25 continuous sit ups.